I just want to build a workshop. Do I have a chance?

Shawn,
Homeonwners complain all the time about the rules.You agreed to follow the rules when you chose to live there. At this point you can move,follow the bylaws, or vote to change the bylaws.
Sorry, I know you were hoping for a "go for it" answer.
Barbara

Shawn:

I read your restriction to mean:

Sheds
garages
and other structures of a temporary nature

may not be erected on the property. . .

In other words, the prepositional phrase "of a temporary nature" modifies only "other structures."

Sheds (whether temporary or not), garages (whether temporary or not) or other structures that are temporary may not be built.

But I would be curious to see how the section that allows 8-foot by 8-foot "sheds" is worded and under which part of the governing documents it is found.

Could it have been an amendment somewhere along the line?

Either way, apparently they do allow 8-foot by 8-foot, but clearly you can see that a 16-foot by 24-foot workshop exceeds the limits of that restriction?

Shawn,

Another question for you. What are you planning to do in this workshop? Power tools, saws, auto fixing? That could become another issue--the noise from tools. I would think that this could also become an issue with neighbors.

I know.

It definitely could have been written better.

But even if we take that ambiguous sentence out, 8' x 8' does not equal 16' x 24'.

Just sayin.

Michele,

We are presently updating our rules and would like a sentence like that in them. Would you be able to give me that sentence but written in what you feel to be a better format?

thanks,

Dana

I appreciate all of the resposes thus far. I know that some of you think that I am just trying to find a loophole, but I am not. I understood what the rules were when I moved in but was under the impression that everyone that was moving in to this neighborhood was wanting a larger shed and that an amendment would be made. But our neighborhood is stagnant in its growth and we are looking at a few years until the HOA will be handed over to us. This is the first HOA that the developer has ever managaed. I think he understands what I am talking about but the HOA is something that he doesnt want to bother with and would rather just turn everything down upon his translation. This wood be used as a workshop and noise would not be an issue since I am currently doing all of this stuff in my garage and a workshop would put me about 200' further back on the property. What I am reading is that the only structure of a TEMPORARY nature that you are allowed to have is an 8'x8' shed. So I am thinking that a structure that is on a concrete foundation would be considered permanant. I have attached an image of the only section in the HOA that discusses these matters. -shawn

http://i149.photobucket.com/albums/s78/betacrash/covenant.jpg

Shawn,

It will take you a while to interpret what all of the document jibberish means . My interpretation is that no temporary structures are alowed. Any permanent structure may not exceed 8 x 8.

Now here is something that you might want to try. Talk with the Developer. Tell him that people are interested in installing larger permanent sheds. Ask him if he would consider amending the covenant to increase the size of a permanent structure/ aka, shed. He alone has the power to rewrite those CC&Rs, without any action from the members. It's a long shot be we did it once and it was done without any problems from the developer or members.

The language is vague and ambiguous at best. Why not build a garage the same size? It's not a shedl and it's not temporary. Are there any Zoning restrictions on this as well? A lot of areas have setback requirements for the building.

From where I stand, it is clear that what you want is not going to fit this paragraph. So this leaves you with a number of other choices on getting approval:
1) Check out the possibility of a detached garage. (What you want sounds more like a garage then a shed to me anyway. But you may need to put in some sort of driveway to it.)

2) Hope for an exception to be granted. IF you are going this route, then you need to talk with the developer. I would try to get a chance to talk with him/her and discuss the concerns and how they might be overcome (if they can).

3) Wait for a new regime. (And possibly have to try to get the rules modified.)

You could simply try and build. Some HOA's back down and let it go. But don't count on it. And understand that if you get away with it, then your HOA is effectively gutted and won't stand up to the person who does something you don't like.

As a note, you might also want to discuss this concept with your neighbors and see if they will support you desire for this to be approved. At any rate, it would help if your plans are to make it fit within the architecture of the rest of the area. That may include putting at least some matching brick on the structure.

Shawn,

If you are still with us, reading back through your post there is another option. You mentioned that your yard backs to a corn field. You could hit the farmer up to see if he will sell you enough land to place your desired structure on. I have no idea if he/she would be willing to do so. And I have even less what the cost would be. But it is something to look into. That would place the structure outside the HOA. Even as a BOD member, I still hold thoughts of acquiring some land next to mine just outside the bounds of our covenants.